53 Neb. 477 | Neb. | 1898
This was an action in the district court for Lancaster county. A trial resulted in a verdict and judgment, against Ricketts, who brings the case to this court for review by petition in error.
The facts are these: In July, 1892, Rogers sold Ricketts a half-section of land in Lancaster county subject to the right of way of the Fremont, Elkhorn & Missouri Yalley Railroad Company. The purchase price agreed upon was $12,300, of which $600 was cash. The balance was to be paid March 1,1893, when possession was to be delivered, an abstract of title furnished, and deed of con
“Ricketts & Lyon, Grain.
“A. D. Ricketts.
“References: First National Bank, American Exchange National Bank.
“Lincoln, Neb., March 1, 1893.
“Mr. F. J. Rogers has left in my'hands íavo hundred and fifty dollars to cover damages for a strip of land 130 feet Avide and 1,000 feet long-, along the rig-lit of way of the Fremont & Elkhorn Yalley R. R., which strip commences on the north line of west half of section 18, town 11, range 7, Lancaster county, Nebraska, and runs I,000 feet south on west side of right of Avay of said railroad. The condition of this contract is this: If Mr. F. J. Rogers makes A. D. Ricketts a good Avarranty deed for said strip of land, then the said Ricketts is to refund the $250 to Rogers. A. D. Ricketts.”
As to whether the $250 was retained as agreed compensation for the loss of the three-acre strip or as an in
At the trial the court declined to construe the contract and submitted it to the jury for construction. In view of the conceded facts this was error. This agreement recites that $250 is left in Ricketts’ hands to cover damages, and clearly prescribes the condition on which Rogers shall be entitled to receive it. Its essential terms are not ambiguous or obscure, and extrinsic evidence was not needed to aid in its exposition. The judgment of the district court is reversed and the cause remanded for further proceedings.
Reversed and remanded.